04/22/74 Board of Public Works Minutes

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REGULAR MEETING APRIL 22, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, April 22, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. APPROVAL OF CIVIC CENTER CLAIMS Mr. Charles F. Lennon, Jr., Director of the Department of Redevelopment, was present and submitted to the Board claims for the Civic Center as follows: Architects Fee, Design Development Phase - $31,000; Landscaping, $3875; Architects Programming Services, $680.80; Architects Expenses, $1464.44. The claims have been approved by the Civic Center Authority and Mr. Lennon. Upon motion made, seconded and carried, the Board approved the claims. REQUEST TO USE LAGOON K FOR LITTLE LEAGUE ACTIVITIES The Board received a request from Charles Lennon, Jr., Director of the East Side Little League, for permission to use Lagoon K for little league and girls softball activities on a three year lease basis. Mr. Lennon said they would furnish the City with a "Hold Harmless" clause. Mr. Roemer asked how the lease agreement would be terminated. Mr. Lennon said they would request that Q the City notify them in December if they wanted the lease terminated. Mr. Seitz C�3 asked if any backstops or other equipment installed would be left there when the lease was terminated and Mr. Lennon said that it would. Upon motion made, seconded and carried, the Board referred the request to the Legal Department for the preparation of a lease agreement containing a $1.00 per year rental, a "Hold Harmless" indemnifying the City, and a clause stating that the lease can be terminated upon thirty days notice by the City of South Bend. BILL FOR TRASH REMOVAL AT 1601 PRAIRIE AVENUE SUBMITTED Mr. Donald Decker, Director, Division of Transportation, was present and informed the Board that, at the request of the St. Joseph County Health Department, he had ordered a crew to remove trash at 1601 Prairie Avenue. A bill was then submitted to the Health Department for the clean-up. The Health Department has returned the bill to Mr. Decker noting that they have no funds for clearing of trash. There was a discussion about procedures to be followed on such trash complaints. It was agreed that responsibility for the bill should be the property owner's. Upon motion made, seconded and carried, the bill was referred to the Legal Department with the request that the property owner be contacted and asked::to pay for the trash removal. HEARING ON ASSESSMENT ROLL, VACATION RESOLUTION NO. 3394 This being the date set for holding a hearing on the Assessment Roll for Vacation Resolution No. 3394, 1974, hearing was held on the Assessment Roll for the vacation of the east -west alley between Madison and Marion Streets, running from the east right of way line of Michigan Street to west right-of-way line of the first north -south alley east of Michigan Street, being the east -west alley between Lots No. 139 and 138 in the Original Plat of South Bend. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Notice was published on March 22, March 29 and April 5, 1974. Notice was received from the Northern Indiana Public Service Company that they are presently occupying and using a portion of the alley and they do not waive the rights therein granted to occupy said alley. No remonstrators appeared and no written remonstrances having been received, upon motion made, seconded and carried, the Assessment Roll showing no net damages and no net benefits was approved as adopted and said resolution is in all things ratified and confirmed and said proceedings closed. AGREEMENT - FRANCHISE REALTY CORPORATION (McDONALD'S) AND CITY OF SOUTH BEND The Board received an Agreement from the Franchise Realty Corporation, which operates McDonald's, releasing their lease -hold interest in the property they are leasing at their present location near the proposed right-of-way for the Madison Street Bridge to the City of South Bend. Upon motion made, seconded and carried, the Board signed the agreement.